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NE 00 31 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 10
<br />"Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self -supporting
<br />chain reaction or to contain a critical mass of fissionable material.
<br />"Injury or damage" includes all forms of radioactive contamination of property.
<br />j. Pollution
<br />(1) "Injury or damage" which would not have occurred, in whole or in part, but for the actual, alleged or
<br />threatened discharge, dispersal, seepage, migration, release, or escape of pollutants at any time; or
<br />(2) Any loss, cost or expense arising out of any:
<br />(a) Request, demand, order or statutory or regulatory requirement that any insured or others test for,
<br />monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess
<br />the effects of, pollutants;
<br />(b) Claim or suit by or on behalf of a governmental authority for damages because of testing for,
<br />monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way
<br />responding to, or assessing the effects of, pollutants ; or
<br />(c) Requirements by Environmental Protection Agency (EPA) 40 CFR Parts 280 and 281 for
<br />underground storage tanks, Comprehensive Environmental Response Compensation and Liability
<br />Act (CERCLA) or any similar State or Federal environmental act(s).
<br />k. Recording And Distribution of Material Or Information In Violation Of Law
<br />“Injury or damage” arising directly or indirectly out of any action or omission that violates or is alleged to
<br />violate:
<br />(1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law;
<br />(2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law;
<br />(3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the
<br />Fair and Accurate Credit Transactions Act (FACTA); or
<br />(4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN -SPAM Act of
<br />2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing,
<br />dissemination, disposal, collecting, recording, sending, transmitting, co mmunicating or distribution of
<br />material or information.
<br />l. Silica
<br />(1) “Injury or damage” arising, in whole or in part, out of the actual, alleged, threatened or suspected
<br />inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, "silica" or "silica-
<br />related dust".
<br />(2) Any loss, cost or expense arising, in whole or in part, out of the abating, testing for, monitoring, cleaning
<br />up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way
<br />responding to or assessing the effects of, "silica" or "silica-related dust", by any insured or by any other
<br />person or entity.
<br />(3) The cost or expense of compliance with any law or regulation regarding "silica” or “silica -related dust”.
<br />(4) Any obligation to share damages with or repay someone else in connection with (1), (2), or (3) of this
<br />exclusion.
<br />m. Sublimited Coverage
<br />“Injury or damage” arising out of any coverage that is subject to a limit of insurance that is less than the
<br />limit for “underlying insurance” shown in the Schedule of “underlying insurance”.
<br />n. War
<br />“Injury or damage” due to war, whether or not declared, or any act or condition incident to war. War includes
<br />civil war, insurrection, rebellion, or revolution.
<br />DocuSign Envelope ID: A181A6E1-38C6-4FC4-9DB3-55096154243F
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